No. 23-5462

Victor Manuel Solorzano v. United States

Lower Court: Fifth Circuit
Docketed: 2023-08-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split first-step-act intervening-law mandate-rule resentencing sentencing sentencing-package
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Does Section 403 of the First Step Act apply to post-Act resentencing hearings?

Question Presented (OCR Extract)

Questions Presented 1. Does Section 403 of the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 apply to a defendant at a post-Act resentencing hearing following vacatur of an unlawful sentence that was imposed pre-Act? 2. Did the Fifth Circuit wrongfully fail to consider the FSA as intervening law to petitioner while also failing to consider that he had a multi-count sentence that was bundled in a sentencing package that was sent back to the district court on remand? 2

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States to respond filed.
2023-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Victor Solorzano
J. Joseph Mongaras Jr.Udashen Anton, Petitioner
J. Joseph Mongaras Jr.Udashen Anton, Petitioner